|November 3, 2008|
DOL 2005 Inventories of Commercial and Inherently Governmental Activities
Under the Federal Activities Inventory Reform Act of 1998 (FAIR Act), federal agencies must develop an annual inventory of all commercial activities performed by federal employees, e.g., those activities that are not inherently governmental. The Office of Management and Budget (OMB) reviews each agency's commercial activities inventory and consults with the agency on inventory content. After OMB has completed its review and consultation, the agency must make its inventory available to the public.
OMB has reviewed and has published a notice of availability in the Federal Register for DOL's FAIR Act Inventory for FY 2005. The inventory is presented below for the public's review, in a format specified by OMB. If you have any questions or need additional information, please do not hesitate to contact Larry Clark, Director, Office of Competitive Sourcing, at (202) 693-4020.
Explanation of Inventories Content and Codes
The FAIR Act requires federal agencies to catalogue the commercial activities performed by their employees. In addition, OMB Circular A-76 directs federal agencies to provide the public with information on inherently governmental functions performed by their employees. DOLs 2005 inventories consist of the 2005 FAIR Act Inventory of Commercial Activities and the 2005 Inherently Governmental Activities Inventory.
Interested parties should be aware that the FAIR Act Inventory is only a list of DOL commercial activities. It does not reflect any management decisions about what may or may not be subject to competition or contracted out by DOL at some point in the future. The commercial activities on the inventory provide the universe of activities upon which future decisions related to competitive sourcing may be made.
Both inventories use several codes: OMB function codes, status codes and reason codes. Explanations of the codes are provided at OMB Website for FAIR Act Inventory guidance.
Challenges to the FAIR Act Inventory
The FAIR Act permits an interested party to challenge the inclusion or exclusion of an activity from DOLs FAIR Act Inventory. Under OMB Circular A-76, the application of reason codes may be challenged. Challenges must be filed within 30 working days of the publication of the Federal Register notice that DOLs FAIR Act Inventory was available. The last day for receipt of challenges on DOLs 2005 Inventory is April 25, 2006.
Who may file a challenge?
The person or organization making the challenge must be an interested party. An interested party is defined in the FAIR Act as-
What is a valid basis for a challenge?
The classification on the Inventory of a particular activity as inherently governmental or commercial and the application of reason codes are subject to challenge. If you raise other issues in your challenge, they will not be addressed in the decision.
I am an interested party. How do I file a challenge?
Your challenge must be in writing. Telephone calls, verbal inquiries, and voice mail will not be accepted. The challenge must be sent by United States mail, express delivery or similar service, or facsimile transmission to DOL's Procurement Executive no later than April 26, 2005.
What information should I include in my challenge?
Where should I send my Inventory challenge?
You should send your challenge to-
To assist in processing, you should mark "FAIR Act Challenge" on the envelope.
Decisions on Challenges
How soon can I expect a decision on my challenge?
A decision on a challenge will be made within 28 working days from the date that DOL receives the challenge.
What will the challenge decision cover?
The decision will be in writing and will state whether the challenge is upheld, rejected on procedural grounds, or denied; will explain the rationale for the decision; and will provide an explanation of the challenger's appeal rights, if the challenge is rejected or denied.
Appeals from Inventory Challenge Decisions
An interested party who is dissatisfied with the decision on an inventory challenge may appeal the decision to the Assistant Secretary for Administration and Management.
How do I appeal my unsuccessful challenge?
The appeal must be delivered, in writing, to the Assistant Secretary for Administration and Management at the Department of Labor within ten working days after you have received the challenge decision.
What do I need to include in my appeal?
The appeal package must include-
Where do I send my appeal?
Your appeal must be in writing. Telephone calls, verbal inquiries, and voice mail will not be accepted. The challenge must be sent by United States mail, express delivery or similar service, or facsimile transmission to the Assistant Secretary for Administration and Management and the following address or fax number-
To assist in processing, please mark "FAIR Act Appeal" on the envelope. The Assistant Secretary will issue a written decision on the appeal within 10 working days, explaining the determination and the rationale for the decision.